GA
Georgia House Bill HB17

Georgia 2023-2024 Regular Session

Georgia House Bill HB17 Compare Versions

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1-23 LC 47 2167S
2-H. B. 17 (SUB)
1+23 LC 47 1936
2+H. B. 17
33 - 1 -
4-The House Committee on Governmental Affairs offers the following substitute to HB 17:
4+House Bill 17
5+By: Representatives Powell of the 33
6+rd
7+, Leverett of the 123
8+rd
9+, DeLoach of the 167
10+th
11+, Smith of
12+the 18
13+th
14+, Jasperse of the 11
15+th
16+, and others
517 A BILL TO BE ENTITLED
618 AN ACT
7-To amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to1
8-primaries and elections generally, so as to revise provisions as to notice of logic and accuracy2
9-testing of electronic ballot markers; to provide for the sealing of ballots in secure containers;3
10-to provide for chain of custody documentation and procedures; to provide that during the4
11-period of advance voting that absentee ballots are issued and mailed to qualified applicants5
12-for mail-in absentee ballots; to provide for related matters; to provide for an effective date;6
13-to repeal conflicting laws; and for other purposes.7
14-BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:8
15-SECTION 1.9
16-Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to primaries and10
17-elections generally, is amended by revising subsection (c) of Code Section 21-2-379.25,11
18-relating to programming for ballot design and style, verification, appointment of custodians,12
19-role of custodians, testing of electronic ballot marker, and public notice of testing, as follows:13
20-"(c) On or before the third day preceding a primary or election, including special primaries,14
21-special elections, and referendum elections, the superintendent shall have each electronic15
22-ballot marker tested to ascertain that it will correctly record the votes cast for all offices and16 23 LC 47 2167S
23-H. B. 17 (SUB)
19+To amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to
20+1
21+primaries and elections generally, so as to provide for the sealing of ballots in secure2
22+containers; to provide for chain of custody documentation and procedures; to provide for3
23+related matters; to provide for an effective date; to repeal conflicting laws; and for other4
24+purposes.5
25+BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:6
26+SECTION 1.7
27+Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to primaries and8
28+elections generally, is amended by revising subsection (c) of Code Section 21-2-382, relating9
29+to additional buildings as additional registrar's office or place of registration for receiving10
30+absentee ballots and for advance voting and drop boxes, as follows:11
31+"(c)(1) A board of registrars or absentee ballot clerk shall establish at least one drop box12
32+as a means for absentee by mail electors to deliver their ballots to the board of registrars13
33+or absentee ballot clerk. A board of registrars or absentee ballot clerk may establish14
34+additional drop boxes, subject to the limitations of this Code section, but may only15
35+establish additional drop boxes totaling the lesser of either one drop box for16 23 LC 47 1936
36+H. B. 17
2437 - 2 -
25-on all questions and produce a ballot reflecting such choices of the elector in a manner that17
26-the State Election Board shall prescribe by rule or regulation. Public notice of the time and18
27-place of the test shall be made at least five days prior thereto. The superintendent of each19
28-county or municipality shall publish such notice on the homepage of the county's or20
29-municipality's publicly accessible website associated with elections, if the county or21
30-municipality maintains a publicly accessible website, and or in a newspaper of general22
31-circulation in the county or municipality and by posting in a prominent location in the23
32-county or municipality. Such notice shall state the date, time, and place or places where24
33-preparation and testing of the voting system components for use in the primary or election25
34-will commence, that such preparation and testing shall continue from day to day until26
35-complete, and that representatives of political parties and bodies, news media, and the27
36-public shall be permitted to observe such tests. The superintendent of the county or28
37-municipality shall also provide such notice to the Secretary of State who shall publish on29
38-his or her website the information received from superintendents stating the dates, times,30
39-and locations for preparation and testing of voting system components. However, such31
40-representatives of political parties and bodies, news media, and the public shall not in any32
41-manner interfere with the preparation and testing of voting system components. The33
42-advertisement If notice is made in the a newspaper of general circulation, such notice shall34
43-be prominently displayed, shall not be less than 30 square inches, and shall not be placed35
44-in the section of the newspaper where legal notices appear."36
45-SECTION 2.37
46-Said chapter is further amended by revising subsection (c) of Code Section 21-2-382, relating38
47-to additional buildings as additional registrar's office or place of registration for receiving39
48-absentee ballots and for advance voting and drop boxes, as follows:40
49-"(c)(1) A board of registrars or absentee ballot clerk shall establish at least one drop box41
50-as a means for absentee by mail electors to deliver their ballots to the board of registrars42 23 LC 47 2167S
51-H. B. 17 (SUB)
38+every 100,000 active registered voters in the county or the number of advance voting
39+17
40+locations in the county. Any additional drop boxes shall be evenly geographically18
41+distributed by population in the county. Drop boxes established pursuant to this Code19
42+section shall be established at the office of the board of registrars or absentee ballot clerk20
43+or inside locations at which advance voting, as set forth in subsection (d) of Code21
44+Section 21-2-385, is conducted in the applicable primary, election, or runoff and may be22
45+open during the hours of advance voting at that location. Such drop boxes shall be closed
46+23
47+locked when advance voting is not being conducted at that location. All drop boxes shall24
48+be closed locked when the advance voting period ends, as set forth in subsection (d) of25
49+Code Section 21-2-385. The drop box location shall have adequate lighting and be under26
50+constant surveillance by an election official or his or her designee, law enforcement27
51+official, or licensed security guard. During an emergency declared by the Governor28
52+pursuant to Code Section 38-3-51, drop boxes may be located outside the office of the29
53+board of registrars or absentee ballot clerk or outside of locations at which advance voting30
54+is taking place, subject to the other limitations of this Code section.31
55+(2) The opening slot of a drop box shall not allow ballots to be tampered with or32
56+removed and shall be designed to minimize the ability for liquid or other substances that33
57+may damage ballots to be poured into the drop box. A drop box shall be labeled34
58+"OFFICIAL ABSENTEE BALLOT DROP BOX" and shall clearly display the signage35
59+developed by the Secretary of State pertaining to Georgia law with regard to who is36
60+allowed to return absentee ballots and destroying, defacing, or delaying delivery of37
61+ballots.38
62+(3) The board of registrars or absentee ballot clerk shall arrange for the collecting and39
63+return of ballots deposited at each drop box at the conclusion of each day where advance40
64+voting takes place. Collection of ballots from a drop box shall be made by a team of at41
65+least two people. Any person collecting ballots from a drop box shall have sworn an oath42
66+in the same form as the oath for poll officers set forth in Code Section 21-2-95. The43 23 LC 47 1936
67+H. B. 17
5268 - 3 -
53-or absentee ballot clerk. A board of registrars or absentee ballot clerk may establish43
54-additional drop boxes, subject to the limitations of this Code section, but may only44
55-establish additional drop boxes totaling the lesser of either one drop box for45
56-every 100,000 active registered voters in the county or the number of advance voting46
57-locations in the county. Any additional drop boxes shall be evenly geographically47
58-distributed by population in the county. Drop boxes established pursuant to this Code48
59-section shall be established at the office of the board of registrars or absentee ballot clerk49
60-or inside locations at which advance voting, as set forth in subsection (d) of Code50
61-Section 21-2-385, is conducted in the applicable primary, election, or runoff and may be51
62-open during the hours of advance voting at that location. Such drop boxes shall be closed52
63-in a manner that prevents the insertion of ballots when advance voting is not being53
64-conducted at that location. All drop boxes shall be closed in a manner that prevents the54
65-insertion of ballots when the advance voting period ends, as set forth in subsection (d) of55
66-Code Section 21-2-385. The drop box location shall have adequate lighting and be under56
67-constant surveillance by an election official or his or her designee, law enforcement57
68-official, or licensed security guard. During an emergency declared by the Governor58
69-pursuant to Code Section 38-3-51, drop boxes may be located outside the office of the59
70-board of registrars or absentee ballot clerk or outside of locations at which advance voting60
71-is taking place, subject to the other limitations of this Code section.61
72-(2) The opening slot of a drop box shall not allow ballots to be tampered with or62
73-removed and shall be designed to minimize the ability for liquid or other substances that63
74-may damage ballots to be poured into the drop box. A drop box shall be labeled64
75-"OFFICIAL ABSENTEE BALLOT DROP BOX" and shall clearly display the signage65
76-developed by the Secretary of State pertaining to Georgia law with regard to who is66
77-allowed to return absentee ballots and destroying, defacing, or delaying delivery of67
78-ballots.68 23 LC 47 2167S
79-H. B. 17 (SUB)
69+collection team shall complete and sign a ballot transfer form as specified by the44
70+Secretary of State upon removing the ballots from the drop box which shall include the45
71+date, time, location, number of ballots, confirmation that the drop box was locked after46
72+the removal of the ballots, and the identity of each person collecting the ballots. The47
73+ballot transfer form shall also serve as an initial chain of custody document on which48
74+each person who takes possession of the ballots shall sign for such ballots. The ballots49
75+shall be placed in a locked transfer case upon being removed from the drop box. Such50
76+cases shall be sealed with a numbered seal, the number of which shall be recorded on a51
77+ballot transfer form which shall be signed by the collection team. The collection team52
78+shall then immediately transfer the ballots to the board of registrars or absentee ballot53
79+clerk, who shall process and store the ballots in the same manner as absentee ballots54
80+returned by mail are processed and stored. The board of registrars, absentee ballot clerk,55
81+or a designee of the board of registrars or absentee ballot clerk shall verify that the seal56
82+on the transfer case has not been broken or otherwise tampered with or compromised, and57
83+shall sign the ballot transfer form upon receipt of the ballots from the collection team and58
84+shall include the date and time of signature and verification as provided for under this59
85+provision. Such form shall be considered a public record pursuant to Code Section60
86+50-18-70.61
87+(4) At the beginning of voting at each advance location where a drop box is present, the62
88+manager of the advance voting location shall open the drop box and confirm on the63
89+reconciliation form for that advance voting location that the drop box is empty. If the64
90+drop box is not empty, the manager shall secure the contents of the drop box and65
91+immediately inform the election superintendent, board of registrars, or absentee ballot66
92+clerk, who shall inform the Secretary of State."67 23 LC 47 1936
93+H. B. 17
8094 - 4 -
81-(3) The board of registrars or absentee ballot clerk shall arrange for the collecting and69
82-return of ballots deposited at each drop box at the conclusion of each day where advance70
83-voting takes place. Collection of ballots from a drop box shall be made by a team of at71
84-least two people. Any person collecting ballots from a drop box shall have sworn an oath72
85-in the same form as the oath for poll officers set forth in Code Section 21-2-95. The73
86-collection team shall complete and sign a ballot transfer form as specified by the74
87-Secretary of State upon removing the ballots from the drop box which shall include the75
88-date, time, location, number of ballots, confirmation that the drop box was locked after76
89-the removal of the ballots, and the identity of each person collecting the ballots. The77
90-ballot transfer form shall also serve as an initial chain of custody document on which78
91-each person who takes possession of the ballots shall sign for such ballots. The ballots79
92-shall be placed in a locked transfer case upon being removed from the drop box. Such80
93-cases shall be sealed with a numbered seal, the number of which shall be recorded on a81
94-ballot transfer form which shall be signed by the collection team. The collection team82
95-shall then immediately transfer the ballots to the board of registrars or absentee ballot83
96-clerk, who shall process and store the ballots in the same manner as absentee ballots84
97-returned by mail are processed and stored. The board of registrars, absentee ballot clerk,85
98-or a designee of the board of registrars or absentee ballot clerk shall verify that the seal86
99-on the transfer case has not been broken or otherwise tampered with or compromised, and87
100-shall sign the ballot transfer form upon receipt of the ballots from the collection team and88
101-shall include the date and time of signature and verification as provided for under this89
102-provision. Such form shall be considered a public record pursuant to Code90
103-Section 50-18-70.91
104-(4) At the beginning of voting at each advance location where a drop box is present, the92
105-manager of the advance voting location shall open the drop box and confirm on the93
106-reconciliation form for that advance voting location that the drop box is empty. If the94
107-drop box is not empty, the manager shall secure the contents of the drop box and95 23 LC 47 2167S
108-H. B. 17 (SUB)
95+SECTION 2.
96+68
97+Said chapter is further amended by revising Code Section 21-2-386, relating to safekeeping,69
98+certification, and validation of absentee ballots, rejection of ballot, delivery of ballots to70
99+location designated by superintendent, duties of superintendent and managers, precinct71
100+returns, report of returns of verified and accepted absentee ballots cast as soon as possible72
101+following closing of polls, notification of challenged elector, and unlawful disclosure of73
102+tabulation results, as follows:74
103+"21-2-386.75
104+(a)(1)(A) The board of registrars or absentee ballot clerk shall keep safely, unopened,76
105+and stored in a manner that will prevent tampering and unauthorized access to and shall
106+77
107+document the chain of custody of all official absentee ballots received from absentee78
108+electors prior to the closing of the polls on the day of the primary or election except as79
109+otherwise provided in this subsection.80
110+(B) Upon receipt of each ballot, a registrar or clerk shall write the day and hour of the81
111+receipt of the ballot on its envelope. The registrar or clerk shall then compare the82
112+number of the elector's Georgia driver's license number or state identification card83
113+issued pursuant to Article 5 of Chapter 5 of Title 40 and date of birth entered on the84
114+absentee ballot envelope with the same information contained in the elector's voter85
115+registration records. If the elector has affirmed on the envelope that he or she does not86
116+have a Georgia driver's license or state identification card issued pursuant to Article 587
117+of Chapter 5 of Title 40, the registrar or clerk shall compare the last four digits of the88
118+elector's social security number and date of birth entered on the envelope with the same89
119+information contained in the elector's voter registration records. The registrar or clerk90
120+shall also confirm that the elector signed the oath and the person assisting the elector,91
121+if any, signed the required oath. If the elector has signed the elector's oath, the person92
122+assisting has signed the required oath, if applicable, and the identifying information93
123+entered on the absentee ballot envelope matches the same information contained in the94 23 LC 47 1936
124+H. B. 17
109125 - 5 -
110-immediately inform the election superintendent, board of registrars, or absentee ballot96
111-clerk, who shall inform the Secretary of State."97
112-SECTION 3.98
113-Said chapter is further amended by revising paragraph (2) of subsection (a) of Code99
114-Section 21-2-384, relating to preparation and delivery of supplies, mailing of ballots, oath100
115-of absentee electors and persons assisting absentee electors, master list of ballots sent,101
116-challenges, special absentee run-off ballots, and electronic transmission of ballots, as follows:102
117-"(2) The board of registrars or absentee ballot clerk shall mail or issue official absentee103
118-ballots to all eligible applicants not more than 29 days but not less than 25 days prior to104
119-any presidential preference primary, general primary other than a municipal general105
120-primary, general election other than a municipal general election, or special primary or106
121-special election in which there is a candidate for a federal office on the ballot; 22 days107
122-prior to any municipal general primary or municipal general election; and as soon as108
123-possible prior to any runoff. In the case of all other special primaries or special elections,109
124-the board of registrars or absentee ballot clerk shall mail or issue official absentee ballots110
125-to all eligible applicants within three days after the receipt of such ballots and supplies,111
126-but no earlier than 22 days prior to the election; provided, however, that official absentee112
127-ballots shall be issued to any elector of the jurisdiction who is entitled to vote by absentee113
128-ballot under the federal Uniformed and Overseas Citizen Absentee Voting Act, 52 U.S.C.114
129-Section 20301, et seq., as amended, beginning 49 days prior to a federal primary or115
130-election and not later than 45 days prior to a federal primary or election. As additional116
131-applicants who submitted timely applications for an absentee ballot are determined to be117
132-eligible, the board or clerk shall mail or issue official absentee ballots to such additional118
133-applicants immediately upon determining their eligibility. For all timely received119
134-applications for absentee ballots, the board of registrars or absentee ballot clerk shall mail120
135-or issue absentee ballots, provisional absentee ballots, and notices of rejection as soon as121 23 LC 47 2167S
136-H. B. 17 (SUB)
126+elector's voter registration record, the registrar or clerk shall so certify by signing or
127+95
128+initialing his or her name below the voter's oath. Each elector's name so certified shall96
129+be listed by the registrar or clerk on the numbered list of absentee voters prepared for97
130+his or her precinct. All accepted absentee ballots shall be securely stored in a sealed
131+98
132+container that will prevent tampering or unauthorized access prior to the scanning such99
133+ballots.100
134+(C) If the elector has failed to sign the oath, or if the identifying information entered101
135+on the absentee ballot envelope does not match the same information appearing in the102
136+elector's voter registration record, or if the elector has failed to furnish required103
137+information or information so furnished does not conform with that on file in the104
138+registrar's or clerk's office, or if the elector is otherwise found disqualified to vote, the105
139+registrar or clerk shall write across the face of the envelope 'Rejected,' giving the reason106
140+therefor. The board of registrars or absentee ballot clerk shall promptly notify the107
141+elector of such rejection, a copy of which notification shall be retained in the files of108
142+the board of registrars or absentee ballot clerk for at least two years. Such elector shall109
143+have until the end of the period for verifying provisional ballots contained in110
144+subsection (c) of Code Section 21-2-419 to cure the problem resulting in the rejection111
145+of the ballot. The elector may cure a failure to sign the oath, nonmatching identifying112
146+information, or missing information by submitting an affidavit to the board of registrars113
147+or absentee ballot clerk along with a copy of one of the forms of identification114
148+enumerated in subsection (c) of Code Section 21-2-417 before the close of such period.115
149+The affidavit shall affirm that the ballot was submitted by the elector, is the elector's116
150+ballot, and that the elector is registered and qualified to vote in the primary, election,117
151+or runoff in question. If the board of registrars or absentee ballot clerk finds the118
152+affidavit and identification to be sufficient, the absentee ballot shall be counted.119
153+(D) An elector who registered to vote by mail, but did not comply with subsection (c)120
154+of Code Section 21-2-220, and who votes for the first time in this state by absentee121 23 LC 47 1936
155+H. B. 17
137156 - 6 -
138-possible upon determining their eligibility within the time periods set forth in this122
139-subsection. During the period for advance voting set forth in Code Section 21-2-385, the123
140-board of registrars or absentee ballot clerk shall make such determinations and mail or124
141-issue absentee ballots, provisional absentee ballots, and notices of rejection of application125
142-within three days after receiving a timely application for an absentee ballot; provided,126
143-however, that for mail-in absentee ballot requests, absentee ballots shall be issued and127
144-mailed to qualified applicant within such time period. The board of registrars or absentee128
145-ballot clerk shall, within the time periods specified in this subsection, electronically129
146-transmit official absentee ballots to all electors who have requested to receive their130
147-official absentee ballot electronically and are entitled to vote such absentee ballot under131
148-the federal Uniformed and Overseas Citizens Absentee Voting Act, 52 U.S.C.132
149-Section 20301, et seq., as amended."133
150-SECTION 4.134
151-Said chapter is further amended by revising Code Section 21-2-386, relating to safekeeping,135
152-certification, and validation of absentee ballots, rejection of ballot, delivery of ballots to136
153-location designated by superintendent, duties of superintendent and managers, precinct137
154-returns, report of returns of verified and accepted absentee ballots cast as soon as possible138
155-following closing of polls, notification of challenged elector, and unlawful disclosure of139
156-tabulation results, as follows:140
157-"21-2-386.141
158-(a)(1)(A) The board of registrars or absentee ballot clerk shall keep safely, unopened,142
159-and stored in a manner that will prevent tampering and unauthorized access to and shall143
160-document authorized access to all official absentee ballots received from absentee144
161-electors prior to the closing of the polls on the day of the primary or election except as145
162-otherwise provided in this subsection.146 23 LC 47 2167S
163-H. B. 17 (SUB)
157+ballot shall include with his or her application for an absentee ballot or in the outer oath
158+122
159+envelope of his or her absentee ballot either one of the forms of identification listed in123
160+subsection (a) of Code Section 21-2-417 or a copy of a current utility bill, bank124
161+statement, government check, paycheck, or other government document that shows the125
162+name and address of such elector. If such elector does not provide any of the forms of126
163+identification listed in this subparagraph with his or her application for an absentee127
164+ballot or with the absentee ballot, such absentee ballot shall be deemed to be a128
165+provisional ballot and such ballot shall only be counted if the registrars are able to129
166+verify current and valid identification of the elector as provided in this subparagraph130
167+within the time period for verifying provisional ballots pursuant to Code131
168+Section 21-2-419. The board of registrars or absentee ballot clerk shall promptly notify132
169+the elector that such ballot is deemed a provisional ballot and shall provide information133
170+on the types of identification needed and how and when such identification is to be134
171+submitted to the board of registrars or absentee ballot clerk to verify the ballot.135
172+(E) Three copies of the numbered list of voters shall also be prepared for such rejected136
173+absentee electors, giving the name of the elector and the reason for the rejection in each137
174+case. Three copies of the numbered list of certified absentee voters and three copies of138
175+the numbered list of rejected absentee voters for each precinct shall be turned over to139
176+the poll manager in charge of counting the absentee ballots and shall be distributed as140
177+required by law for numbered lists of voters.141
178+(F) All absentee ballots returned to the board or absentee ballot clerk after the closing142
179+of the polls on the day of the primary or election shall be safely kept unopened by the143
180+board or absentee ballot clerk and then transferred to the appropriate clerk with the
181+144
182+chain of custody documents provided for in subparagraph (a)(1)(A) of this Code section145
183+for storage in a manner that will prevent tampering for the period of time required for146
184+the preservation of ballots used at the primary or election and shall then, without being147
185+opened, be destroyed in like manner as the used ballots of the primary or election. The148 23 LC 47 1936
186+H. B. 17
164187 - 7 -
165-(B) Upon receipt of each ballot, a registrar or clerk shall write the day and hour of the147
166-receipt of the ballot on its envelope. The registrar or clerk shall then compare the148
167-number of the elector's Georgia driver's license number or state identification card149
168-issued pursuant to Article 5 of Chapter 5 of Title 40 and date of birth entered on the150
169-absentee ballot envelope with the same information contained in the elector's voter151
170-registration records. If the elector has affirmed on the envelope that he or she does not152
171-have a Georgia driver's license or state identification card issued pursuant to Article 5153
172-of Chapter 5 of Title 40, the registrar or clerk shall compare the last four digits of the154
173-elector's social security number and date of birth entered on the envelope with the same155
174-information contained in the elector's voter registration records. The registrar or clerk156
175-shall also confirm that the elector signed the oath and the person assisting the elector,157
176-if any, signed the required oath. If the elector has signed the elector's oath, the person158
177-assisting has signed the required oath, if applicable, and the identifying information159
178-entered on the absentee ballot envelope matches the same information contained in the160
179-elector's voter registration record, the registrar or clerk shall so certify by signing or161
180-initialing his or her name below the voter's oath. Each elector's name so certified shall162
181-be listed by the registrar or clerk on the numbered list of absentee voters prepared for163
182-his or her precinct. All accepted absentee ballots shall be securely stored in either a164
183-sealed container or appropriately secured in an access controlled room that will prevent165
184-tampering or unauthorized access prior to the scanning of such ballots.166
185-(C) If the elector has failed to sign the oath, or if the identifying information entered167
186-on the absentee ballot envelope does not match the same information appearing in the168
187-elector's voter registration record, or if the elector has failed to furnish required169
188-information or information so furnished does not conform with that on file in the170
189-registrar's or clerk's office, or if the elector is otherwise found disqualified to vote, the171
190-registrar or clerk shall write across the face of the envelope 'Rejected,' giving the reason172
191-therefor. The board of registrars or absentee ballot clerk shall promptly notify the173 23 LC 47 2167S
192-H. B. 17 (SUB)
188+board of registrars or absentee ballot clerk shall promptly notify the elector by
189+149
190+first-class mail that the elector's ballot was returned too late to be counted and that the150
191+elector will not receive credit for voting in the primary or election. All such late151
192+absentee ballots shall be delivered to the appropriate clerk and stored as provided in152
193+Code Section 21-2-390.153
194+(G) Notwithstanding any provision of this chapter to the contrary, until the United154
195+States Department of Defense notifies the Secretary of State that the Department of155
196+Defense has implemented a system of expedited absentee voting for those electors156
197+covered by this subparagraph, absentee ballots cast in a primary, election, or runoff by157
198+eligible absentee electors who reside outside the county or municipality in which the158
199+primary, election, or runoff is held and are members of the armed forces of the United159
200+States, members of the merchant marine of the United States, spouses or dependents of160
201+members of the armed forces or merchant marine residing with or accompanying such161
202+members, or overseas citizens that are postmarked by the date of such primary, election,162
203+or runoff and are received within the three-day period following such primary, election,163
204+or runoff, if proper in all other respects, shall be valid ballots and shall be counted and164
205+included in the certified election results.165
206+(2)(A) Beginning at 8:00 A.M. on the third Monday prior to the day of the primary,166
207+election, or runoff, the election superintendent shall be authorized to open the outer oath167
208+envelope of absentee ballots that have been verified and accepted pursuant to168
209+subparagraph (a)(1)(B) of this Code section, remove the contents of such outer169
210+envelope, open the inner envelope marked 'Official Absentee Ballot,' and scan the170
211+absentee ballot using one or more ballot scanners. At least three persons who are171
212+registrars, deputy registrars, poll workers, or absentee ballot clerks must
213+ shall be present172
214+before commencing; and three persons who are registrars, deputy registrars, or absentee173
215+ballot clerks shall be present at all times while the sealed containers containing verified174
216+and accepted absentee ballots are unsealed and verified for integrity, while the absentee175 23 LC 47 1936
217+H. B. 17
193218 - 8 -
194-elector of such rejection, a copy of which notification shall be retained in the files of174
195-the board of registrars or absentee ballot clerk for at least two years. Such elector shall175
196-have until the end of the period for verifying provisional ballots contained in176
197-subsection (c) of Code Section 21-2-419 to cure the problem resulting in the rejection177
198-of the ballot. The elector may cure a failure to sign the oath, nonmatching identifying178
199-information, or missing information by submitting an affidavit to the board of registrars179
200-or absentee ballot clerk along with a copy of one of the forms of identification180
201-enumerated in subsection (c) of Code Section 21-2-417 before the close of such period.181
202-The affidavit shall affirm that the ballot was submitted by the elector, is the elector's182
203-ballot, and that the elector is registered and qualified to vote in the primary, election,183
204-or runoff in question. If the board of registrars or absentee ballot clerk finds the184
205-affidavit and identification to be sufficient, the absentee ballot shall be counted.185
206-(D) An elector who registered to vote by mail, but did not comply with subsection (c)186
207-of Code Section 21-2-220, and who votes for the first time in this state by absentee187
208-ballot shall include with his or her application for an absentee ballot or in the outer oath188
209-envelope of his or her absentee ballot either one of the forms of identification listed in189
210-subsection (a) of Code Section 21-2-417 or a copy of a current utility bill, bank190
211-statement, government check, paycheck, or other government document that shows the191
212-name and address of such elector. If such elector does not provide any of the forms of192
213-identification listed in this subparagraph with his or her application for an absentee193
214-ballot or with the absentee ballot, such absentee ballot shall be deemed to be a194
215-provisional ballot and such ballot shall only be counted if the registrars are able to195
216-verify current and valid identification of the elector as provided in this subparagraph196
217-within the time period for verifying provisional ballots pursuant to Code197
218-Section 21-2-419. The board of registrars or absentee ballot clerk shall promptly notify198
219-the elector that such ballot is deemed a provisional ballot and shall provide information199 23 LC 47 2167S
220-H. B. 17 (SUB)
219+ballot envelopes are being opened, and while the absentee ballots are being scanned.176
220+However, no person shall tally, tabulate, estimate, or attempt to tally, tabulate, or177
221+estimate or cause the ballot scanner or any other equipment to produce any tally or178
222+tabulate, partial or otherwise, of the absentee ballots cast until the time for the closing179
223+of the polls on the day of the primary, election, or runoff except as provided in this180
224+Code section. Prior to beginning the process set forth in this paragraph, the181
225+superintendent shall provide written notice to the Secretary of State in writing at least182
226+seven days prior to processing and scanning absentee ballots. Such notice shall contain183
227+the dates, start and end times, and location or locations where absentee ballots will be184
228+processed and scanned. The superintendent shall also post such notice publicly in a185
229+prominent location in the superintendent's office and on the home page of the county186
230+election superintendent's website, if the county election superintendent maintains such187
231+a website. The Secretary of State shall publish on his or her website the information188
232+he or she receives from superintendents stating the dates, times, and locations where189
233+absentee ballots will be processed.190
234+(B) The proceedings set forth in this paragraph shall be open to the view of the public,191
235+but no person except one employed and designated by the superintendent shall touch192
236+any ballot or ballot container. Any person involved in processing and scanning193
237+absentee ballots shall swear an oath, in the same form as the oath for poll officers194
238+provided in Code Section 21-2-95, prior to beginning the processing and scanning of195
239+absentee ballots. The county executive committee or, if there is no organized county196
240+executive committee, the state executive committee of each political party and political197
241+body having candidates whose names appear on the ballot for such election shall have198
242+the right to designate two persons and each independent and nonpartisan candidate199
243+whose name appears on the ballot for such election shall have the right to designate one200
244+person to act as monitors for such process. In the event that the only issue to be voted201
245+upon in an election is a referendum question, the superintendent shall also notify in202 23 LC 47 1936
246+H. B. 17
221247 - 9 -
222-on the types of identification needed and how and when such identification is to be200
223-submitted to the board of registrars or absentee ballot clerk to verify the ballot.201
224-(E) Three copies of the numbered list of voters shall also be prepared for such rejected202
225-absentee electors, giving the name of the elector and the reason for the rejection in each203
226-case. Three copies of the numbered list of certified absentee voters and three copies of204
227-the numbered list of rejected absentee voters for each precinct shall be turned over to205
228-the poll manager in charge of counting the absentee ballots and shall be distributed as206
229-required by law for numbered lists of voters.207
230-(F) All absentee ballots returned to the board or absentee ballot clerk after the closing208
231-of the polls on the day of the primary or election shall be safely kept unopened by the209
232-board or absentee ballot clerk and then transferred to the appropriate clerk with the210
233-documentation provided for in subparagraph (a)(1)(A) of this Code section for storage211
234-in a manner that will prevent tampering for the period of time required for the212
235-preservation of ballots used at the primary or election and shall then, without being213
236-opened, be destroyed in like manner as the used ballots of the primary or election. The214
237-board of registrars or absentee ballot clerk shall promptly notify the elector by215
238-first-class mail that the elector's ballot was returned too late to be counted and that the216
239-elector will not receive credit for voting in the primary or election. All such late217
240-absentee ballots shall be delivered to the appropriate clerk and stored as provided in218
241-Code Section 21-2-390.219
242-(G) Notwithstanding any provision of this chapter to the contrary, until the United220
243-States Department of Defense notifies the Secretary of State that the Department of221
244-Defense has implemented a system of expedited absentee voting for those electors222
245-covered by this subparagraph, absentee ballots cast in a primary, election, or runoff by223
246-eligible absentee electors who reside outside the county or municipality in which the224
247-primary, election, or runoff is held and are members of the armed forces of the United225
248-States, members of the merchant marine of the United States, spouses or dependents of226 23 LC 47 2167S
249-H. B. 17 (SUB)
248+writing the chief judge of the superior court of the county who shall appoint two
249+203
250+electors of the county to monitor such process. While viewing or monitoring the204
251+process set forth in this paragraph, monitors and observers shall be prohibited from:205
252+(i) In any way interfering with the processing or scanning of absentee ballots or the206
253+conduct of the election;207
254+(ii) Using or bringing into the room any photographic or other electronic monitoring208
255+or recording devices, cellular telephones, or computers;209
256+(iii) Engaging in any form of campaigning or campaign activity;210
257+(iv) Taking any action that endangers the secrecy and security of the ballots;211
258+(v) Touching any ballot or ballot container;212
259+(vi) Tallying, tabulating, estimating, or attempting to tally, tabulate, or estimate,213
260+whether partial or otherwise, any of the votes on the absentee ballots cast; and214
261+(vii) Communicating any information that they see while monitoring the processing215
262+and scanning of the absentee ballots, whether intentionally or inadvertently, about any216
263+ballot, vote, or selection to anyone other than an election official who needs such217
264+information to lawfully carry out his or her official duties.218
265+(C) The State Election Board shall promulgate rules requiring reconciliation219
266+procedures; prompt and undelayed scanning of ballots after absentee ballot envelopes220
267+are opened; secrecy of election results prior to the closing of the polls on the day of a221
268+primary, election, or runoff; and other protections to protect the integrity of the process222
269+set forth in this paragraph.223
270+(D) At the conclusion of the scanning of ballots, such scanned ballots shall be stored
271+224
272+in tamper-resistant containers sealed with numbered seals, the number of which shall225
273+be recorded on the chain of custody document specified by the Secretary of State, and226
274+such forms shall be signed by the person storing the ballots and the date and time of227
275+storage shall be entered on such forms.228 23 LC 47 1936
276+H. B. 17
250277 - 10 -
251-members of the armed forces or merchant marine residing with or accompanying such227
252-members, or overseas citizens that are postmarked by the date of such primary, election,228
253-or runoff and are received within the three-day period following such primary, election,229
254-or runoff, if proper in all other respects, shall be valid ballots and shall be counted and230
255-included in the certified election results.231
256-(2)(A) Beginning at 8:00 A.M. on the third Monday prior to the day of the primary,232
257-election, or runoff, the election superintendent shall be authorized to open the outer oath233
258-envelope of absentee ballots that have been verified and accepted pursuant to234
259-subparagraph (a)(1)(B) of this Code section, remove the contents of such outer235
260-envelope, open the inner envelope marked 'Official Absentee Ballot,' and scan the236
261-absentee ballot using one or more ballot scanners. At least three persons who are237
262-registrars, deputy registrars, poll workers, or absentee ballot clerks must shall be present238
263-before commencing; and three persons who are registrars, deputy registrars, or absentee239
264-ballot clerks shall be present at all times while the sealed containers containing verified240
265-and accepted absentee ballots are unsealed and verified for integrity, while the absentee241
266-ballot envelopes are being opened, and while the absentee ballots are being scanned.242
267-However, no person shall tally, tabulate, estimate, or attempt to tally, tabulate, or243
268-estimate or cause the ballot scanner or any other equipment to produce any tally or244
269-tabulate, partial or otherwise, of the absentee ballots cast until the time for the closing245
270-of the polls on the day of the primary, election, or runoff except as provided in this246
271-Code section. Prior to beginning the process set forth in this paragraph, the247
272-superintendent shall provide written notice to the Secretary of State in writing at least248
273-seven days prior to processing and scanning absentee ballots. Such notice shall contain249
274-the dates, start and end times, and location or locations where absentee ballots will be250
275-processed and scanned. The superintendent shall also post such notice publicly in a251
276-prominent location in the superintendent's office and on the home page of the county252
277-election superintendent's website, if the county election superintendent maintains such253 23 LC 47 2167S
278-H. B. 17 (SUB)
278+(3) A county election superintendent may, in his or her discretion, after 7:00 A.M. on the
279+229
280+day of the primary, election, or runoff begin tabulating the absentee ballots. If the county230
281+election superintendent chooses to open the inner envelopes and begin tabulating such231
282+ballots prior to the close of the polls on the day of the primary, election, or runoff, the232
283+superintendent shall notify in writing, at least seven days prior to the primary, election,233
284+or runoff, the Secretary of State of the superintendent's intent to begin the absentee ballot234
285+tabulation prior to the close of the polls. The county executive committee or, if there is235
286+no organized county executive committee, the state executive committee of each political236
287+party and political body having candidates whose names appear on the ballot for such237
288+election in such county shall have the right to designate two persons and each238
289+independent and nonpartisan candidate whose name appears on the ballot for such239
290+election in such county shall have the right to designate one person to act as monitors for240
291+such process. In the event that the only issue to be voted upon in an election is a241
292+referendum question, the superintendent shall also notify in writing the chief judge of the242
293+superior court of the county who shall appoint two electors of the county to monitor such243
294+process.244
295+(4) The county election superintendent shall publish a written notice in the245
296+superintendent's office of the superintendent's intent to begin the absentee ballot246
297+tabulation prior to the close of the polls and publish such notice at least one week prior247
298+to the primary, election, or runoff in the legal organ of the county.248
299+(5) The process for opening absentee ballot envelopes, scanning absentee ballots, and249
300+tabulating absentee ballots on the day of a primary, election, or runoff as provided in this250
301+subsection shall be conducted in a manner to maintain the secrecy of all ballots and to251
302+protect the disclosure of any balloting information before 7:00 P.M. on election day. No252
303+absentee ballots shall be tabulated before 7:00 A.M. on the day of a primary, election, or253
304+runoff.254 23 LC 47 1936
305+H. B. 17
279306 - 11 -
280-a website. The Secretary of State shall publish on his or her website the information254
281-he or she receives from superintendents stating the dates, times, and locations where255
282-absentee ballots will be processed.256
283-(B) The proceedings set forth in this paragraph shall be open to the view of the public,257
284-but no person except one employed and designated by the superintendent shall touch258
285-any ballot or ballot container. Any person involved in processing and scanning259
286-absentee ballots shall swear an oath, in the same form as the oath for poll officers260
287-provided in Code Section 21-2-95, prior to beginning the processing and scanning of261
288-absentee ballots. The county executive committee or, if there is no organized county262
289-executive committee, the state executive committee of each political party and political263
290-body having candidates whose names appear on the ballot for such election shall have264
291-the right to designate two persons and each independent and nonpartisan candidate265
292-whose name appears on the ballot for such election shall have the right to designate one266
293-person to act as monitors for such process. In the event that the only issue to be voted267
294-upon in an election is a referendum question, the superintendent shall also notify in268
295-writing the chief judge of the superior court of the county who shall appoint two269
296-electors of the county to monitor such process. While viewing or monitoring the270
297-process set forth in this paragraph, monitors and observers shall be prohibited from:271
298-(i) In any way interfering with the processing or scanning of absentee ballots or the272
299-conduct of the election;273
300-(ii) Using or bringing into the room any photographic or other electronic monitoring274
301-or recording devices, cellular telephones, or computers;275
302-(iii) Engaging in any form of campaigning or campaign activity;276
303-(iv) Taking any action that endangers the secrecy and security of the ballots;277
304-(v) Touching any ballot or ballot container;278
305-(vi) Tallying, tabulating, estimating, or attempting to tally, tabulate, or estimate,279
306-whether partial or otherwise, any of the votes on the absentee ballots cast; and280 23 LC 47 2167S
307-H. B. 17 (SUB)
307+(6) All persons conducting the tabulation of absentee ballots during the day of a primary,
308+255
309+election, or runoff, including the vote review panel required by Code Section 21-2-483,256
310+and all monitors and observers shall be sequestered until the time for the closing of the257
311+polls. All such persons shall have no contact with the news media; shall have no contact258
312+with other persons not involved in monitoring, observing, or conducting the tabulation;259
313+shall not use any type of communication device including radios, telephones, and cellular260
314+telephones; shall not utilize computers for the purpose of email, instant messaging, or261
315+other forms of communication; and shall not communicate any information concerning262
316+the tabulation until the time for the closing of the polls; provided, however, that263
317+supervisory and technical assistance personnel shall be permitted to enter and leave the264
318+area in which the tabulation is being conducted but shall not communicate any265
319+information concerning the tabulation to anyone other than the county election266
320+superintendent; the staff of the superintendent; those persons conducting, observing, or267
321+monitoring the tabulation; and those persons whose technical assistance is needed for the268
322+tabulation process to operate.269
323+(7) The absentee ballots shall be tabulated in accordance with the procedures of this270
324+chapter for the tabulation of absentee ballots. As such ballots are tabulated, they shall be271
325+placed into locked ballot boxes and may be transferred to locked ballot bags, if needed,272
326+for security. Such boxes or bags shall be sealed and witnessed and verified by each
327+273
328+person taking custody of such items by each such person's signature and date and time274
329+of taking custody. The persons conducting the tabulation of the absentee ballots shall not275
330+cause the tabulating equipment to produce any count, partial or otherwise, of the absentee276
331+votes cast until the time for the closing of the polls except as otherwise provided in this277
332+Code section.278
333+(b) When requested by the superintendent, but not earlier than the third Monday prior to279
334+a primary, election, or runoff, a registrar or absentee ballot clerk shall deliver the official280
335+absentee ballot of each certified absentee elector, each rejected absentee ballot, applications281 23 LC 47 1936
336+H. B. 17
308337 - 12 -
309-(vii) Communicating any information that they see while monitoring the processing281
310-and scanning of the absentee ballots, whether intentionally or inadvertently, about any282
311-ballot, vote, or selection to anyone other than an election official who needs such283
312-information to lawfully carry out his or her official duties.284
313-(C) The State Election Board shall promulgate rules requiring reconciliation285
314-procedures; prompt and undelayed scanning of ballots after absentee ballot envelopes286
315-are opened; secrecy of election results prior to the closing of the polls on the day of a287
316-primary, election, or runoff; and other protections to protect the integrity of the process288
317-set forth in this paragraph.289
318-(D) At the conclusion of the scanning of ballots, such scanned ballots shall be stored290
319-in tamper-resistant containers sealed with numbered seals, the number of which shall291
320-be recorded on the chain of custody document specified by the Secretary of State, and292
321-such forms shall be signed by the person storing the ballots and the date and time of293
322-storage shall be entered on such forms.294
323-(3) A county election superintendent may, in his or her discretion, after 7:00 A.M. on the295
324-day of the primary, election, or runoff begin tabulating the absentee ballots. If the county296
325-election superintendent chooses to open the inner envelopes and begin tabulating such297
326-ballots prior to the close of the polls on the day of the primary, election, or runoff, the298
327-superintendent shall notify in writing, at least seven days prior to the primary, election,299
328-or runoff, the Secretary of State of the superintendent's intent to begin the absentee ballot300
329-tabulation prior to the close of the polls. The county executive committee or, if there is301
330-no organized county executive committee, the state executive committee of each political302
331-party and political body having candidates whose names appear on the ballot for such303
332-election in such county shall have the right to designate two persons and each304
333-independent and nonpartisan candidate whose name appears on the ballot for such305
334-election in such county shall have the right to designate one person to act as monitors for306
335-such process. In the event that the only issue to be voted upon in an election is a307 23 LC 47 2167S
336-H. B. 17 (SUB)
338+for such ballots, and copies of the numbered lists of certified and rejected absentee electors
339+282
340+to the location designated by the superintendent in secure, sealed containers with the chain
341+283
342+of custody documents as specified by the Secretary of State and the signature and date and284
343+time of the person taking custody, and the superintendent or official receiving such285
344+absentee ballots shall issue his or her receipt therefor.286
345+(c) The superintendent shall cause the verified and accepted absentee ballots to be opened287
346+and tabulated as provided in this Code section. A manager shall then open the outer288
347+envelope in such manner as not to destroy the oath printed thereon and shall deposit the289
348+inner envelope marked 'Official Absentee Ballot' in a secure, sealed ballot box reserved for290
349+absentee ballots with an accompanying chain of custody documentation. In the event that291
350+an outer envelope is found to contain an absentee ballot that is not in an inner envelope, the292
351+ballot shall be sealed in an inner envelope, initialed and dated by the person sealing the293
352+inner envelope, and deposited in the ballot box and counted in the same manner as other294
353+absentee ballots, provided that such ballot is otherwise proper. Such manager with two295
354+assistant managers, appointed by the superintendent, with such clerks as the manager296
355+deems necessary shall count the absentee ballots following the procedures prescribed by297
356+this chapter for other ballots, insofar as practicable.298
357+(d) All absentee ballots shall be counted and tabulated in such a manner that returns may299
358+be reported by precinct; and separate returns shall be made for each precinct in which300
359+absentee ballots were cast showing the results by each precinct in which the electors reside.301
360+The superintendent shall utilize the procedures set forth in this Code section to ensure that302
361+the returns of verified and accepted absentee ballots cast are reported to the public as soon303
362+as possible following the closing of the polls on the day of the primary, election, or runoff.304
363+Failure to utilize these procedures to ensure that the returns of verified and accepted305
364+absentee ballots are reported as soon as possible following the close of polls shall subject306
365+the superintendent to sanctions by the State Election Board. If a superintendent fails to307
366+report the returns of verified and accepted absentee ballots by the day following the308 23 LC 47 1936
367+H. B. 17
337368 - 13 -
338-referendum question, the superintendent shall also notify in writing the chief judge of the308
339-superior court of the county who shall appoint two electors of the county to monitor such309
340-process.310
341-(4) The county election superintendent shall publish a written notice in the311
342-superintendent's office of the superintendent's intent to begin the absentee ballot312
343-tabulation prior to the close of the polls and publish such notice at least one week prior313
344-to the primary, election, or runoff in the legal organ of the county.314
345-(5) The process for opening absentee ballot envelopes, scanning absentee ballots, and315
346-tabulating absentee ballots on the day of a primary, election, or runoff as provided in this316
347-subsection shall be conducted in a manner to maintain the secrecy of all ballots and to317
348-protect the disclosure of any balloting information before 7:00 P.M. on election day. No318
349-absentee ballots shall be tabulated before 7:00 A.M. on the day of a primary, election, or319
350-runoff.320
351-(6) All persons conducting the tabulation of absentee ballots during the day of a primary,321
352-election, or runoff, including the vote review panel required by Code Section 21-2-483,322
353-and all monitors and observers shall be sequestered until the time for the closing of the323
354-polls. All such persons shall have no contact with the news media; shall have no contact324
355-with other persons not involved in monitoring, observing, or conducting the tabulation;325
356-shall not use any type of communication device including radios, telephones, and cellular326
357-telephones; shall not utilize computers for the purpose of email, instant messaging, or327
358-other forms of communication; and shall not communicate any information concerning328
359-the tabulation until the time for the closing of the polls; provided, however, that329
360-supervisory and technical assistance personnel shall be permitted to enter and leave the330
361-area in which the tabulation is being conducted but shall not communicate any331
362-information concerning the tabulation to anyone other than the county election332
363-superintendent; the staff of the superintendent; those persons conducting, observing, or333 23 LC 47 2167S
364-H. B. 17 (SUB)
369+election at 5:00 P.M., the State Election Board may convene an independent performance
370+309
371+review board pursuant to Code Section 21-2-107.310
372+(e) If an absentee elector's right to vote has been challenged for cause, a poll officer shall311
373+write 'Challenged,' the elector's name, and the alleged cause of challenge on the outer312
374+envelope and shall deposit the ballot in a secure, sealed ballot box for which there shall be
375+313
376+a chain of custody document as specified by the Secretary of State on which is recorded314
377+and witnessed the name and signature of each person taking custody of such ballots; and315
378+it shall be counted as other challenged ballots are counted. Where direct recording316
379+electronic voting systems are used for absentee balloting and a challenge to an elector's317
380+right to vote is made prior to the time that the elector votes, the elector shall vote on a paper318
381+or optical scanning ballot and such ballot shall be handled as provided in this subsection.319
382+The board of registrars or absentee ballot clerk shall promptly notify the elector of such320
383+challenge.321
384+(f) It shall be unlawful at any time prior to the close of the polls for any person to disclose322
385+or for any person to receive any information regarding the results of the tabulation of323
386+absentee ballots except as expressly provided by law."324
387+SECTION 3.325
388+Said chapter is further amended by revising subsection (a) of Code Section 21-2-419, relating326
389+to validation of provisional ballots and reporting to Secretary of State, as follows:327
390+"(a) A person shall cast a provisional ballot on the same type of ballot that is utilized by328
391+the county or municipality. Such provisional ballot shall be sealed in double envelopes as329
392+provided in Code Section 21-2-384 and shall be deposited by the person casting such ballot330
393+in a secure, sealed ballot box for which the number of the seal shall be recorded and331
394+witnessed on a chain of custody document as specified by the Secretary of State and the332
395+name and signature of the person or persons having custody of such ballots shall also be333 23 LC 47 1936
396+H. B. 17
365397 - 14 -
366-monitoring the tabulation; and those persons whose technical assistance is needed for the334
367-tabulation process to operate.335
368-(7) The absentee ballots shall be tabulated in accordance with the procedures of this336
369-chapter for the tabulation of absentee ballots. As such ballots are tabulated, they shall be337
370-placed into locked ballot boxes and may be transferred to locked ballot bags, if needed,338
371-for security. Such boxes or bags shall be sealed and witnessed and verified by each339
372-person taking custody of such items by each such person's signature and date and time340
373-of taking custody. The persons conducting the tabulation of the absentee ballots shall not341
374-cause the tabulating equipment to produce any count, partial or otherwise, of the absentee342
375-votes cast until the time for the closing of the polls except as otherwise provided in this343
376-Code section.344
377-(b) When requested by the superintendent, but not earlier than the third Monday prior to345
378-a primary, election, or runoff, a registrar or absentee ballot clerk shall deliver the official346
379-absentee ballot of each certified absentee elector, each rejected absentee ballot, applications347
380-for such ballots, and copies of the numbered lists of certified and rejected absentee electors348
381-to the location designated by the superintendent in secure, sealed containers with the chain349
382-of custody documents as specified by the Secretary of State and the signature and date and350
383-time of the person taking custody, and the superintendent or official receiving such351
384-absentee ballots shall issue his or her receipt therefor.352
385-(c) The superintendent shall cause the verified and accepted absentee ballots to be opened353
386-and tabulated as provided in this Code section. A manager shall then open the outer354
387-envelope in such manner as not to destroy the oath printed thereon and shall deposit the355
388-inner envelope marked 'Official Absentee Ballot' in a ballot box reserved for absentee356
389-ballots with an accompanying chain of custody documentation. Such ballot box shall be357
390-securely sealed if it is not in the direct control of the poll officers or if it is transferred to358
391-a different room or facility for tabulation. In the event that an outer envelope is found to359
392-contain an absentee ballot that is not in an inner envelope, the ballot shall be sealed in an360 23 LC 47 2167S
393-H. B. 17 (SUB)
398+documented on such form. Such form shall remain with such ballots until such ballots are334
399+destroyed in accordance with law."335
400+SECTION 4.336
401+Said chapter is further amended by revising subsection (a) of Code Section 21-2-420, relating337
402+to procedure for counting and tabulation of votes, and by adding a new subsection to read as338
403+follows:339
404+"(a) After the time for the closing of the polls and the last elector voting, the poll officials340
405+in each precinct shall complete the required accounting and related documentation for the341
406+precinct and shall advise the election superintendent of the total number of ballots cast at342
407+such precinct and the total number of provisional ballots cast. The chief manager and at343
408+least one assistant manager shall post a copy of the tabulated results for the precinct on the344
409+door of the precinct and then immediately deliver all required documentation and election345
410+materials to the election superintendent in sealed containers accompanied by chain of346
411+custody documentation on which are recorded and witnessed the names and signatures of347
412+each person having custody of such ballots. The Upon receipt of such ballots, the election348
413+superintendent shall verify that the containers are sealed and contain the appropriate chain349
414+of custody documentation. The election superintendent shall then ensure that such ballots350
415+are processed, counted, and tabulated as soon as possible and shall not cease such count351
416+and tabulation until all such ballots are counted and tabulated."352
417+"(c) No ballots shall be handled without a poll official being present and without353
418+documentation on the chain of custody documentation of who is handling such ballots and354
419+when and why such ballots are being handled. After the activity requiring the handling of355
420+ballots is completed, such ballots shall be resealed in ballot boxes or other secure356
421+containers with numbered seals, the numbers of which shall be recorded and witnessed on357
422+chain of custody documentation as specified by the Secretary of State and shall be signed358 23 LC 47 1936
423+H. B. 17
394424 - 15 -
395-inner envelope, initialed and dated by the person sealing the inner envelope, and deposited361
396-in the ballot box and counted in the same manner as other absentee ballots, provided that362
397-such ballot is otherwise proper. Such manager with two assistant managers, appointed by363
398-the superintendent, with such clerks as the manager deems necessary shall count the364
399-absentee ballots following the procedures prescribed by this chapter for other ballots,365
400-insofar as practicable.366
401-(d) All absentee ballots shall be counted and tabulated in such a manner that returns may367
402-be reported by precinct; and separate returns shall be made for each precinct in which368
403-absentee ballots were cast showing the results by each precinct in which the electors reside.369
404-The superintendent shall utilize the procedures set forth in this Code section to ensure that370
405-the returns of verified and accepted absentee ballots cast are reported to the public as soon371
406-as possible following the closing of the polls on the day of the primary, election, or runoff.372
407-Failure to utilize these procedures to ensure that the returns of verified and accepted373
408-absentee ballots are reported as soon as possible following the close of polls shall subject374
409-the superintendent to sanctions by the State Election Board. If a superintendent fails to375
410-report the returns of verified and accepted absentee ballots by the day following the376
411-election at 5:00 P.M., the State Election Board may convene an independent performance377
412-review board pursuant to Code Section 21-2-107.378
413-(e) If an absentee elector's right to vote has been challenged for cause, a poll officer shall379
414-write 'Challenged,' the elector's name, and the alleged cause of challenge on the outer380
415-envelope and shall deposit the ballot in a secure, sealed ballot box for which there shall be381
416-a chain of custody document as specified by the Secretary of State on which is recorded382
417-and witnessed the name and signature of each person taking custody of such ballots; and383
418-it shall be counted as other challenged ballots are counted. Where direct recording384
419-electronic voting systems are used for absentee balloting and a challenge to an elector's385
420-right to vote is made prior to the time that the elector votes, the elector shall vote on a paper386
421-or optical scanning ballot and such ballot shall be handled as provided in this subsection.387 23 LC 47 2167S
422-H. B. 17 (SUB)
423-- 16 -
424-The board of registrars or absentee ballot clerk shall promptly notify the elector of such388
425-challenge.389
426-(f) It shall be unlawful at any time prior to the close of the polls for any person to disclose390
427-or for any person to receive any information regarding the results of the tabulation of391
428-absentee ballots except as expressly provided by law."392
429-SECTION 5.393
430-Said chapter is further amended by revising subsection (a) of Code Section 21-2-419, relating394
431-to validation of provisional ballots and reporting to Secretary of State, as follows:395
432-"(a) A person shall cast a provisional ballot on the same type of ballot that is utilized by396
433-the county or municipality. Such provisional ballot shall be sealed in double envelopes as397
434-provided in Code Section 21-2-384 and shall be deposited by the person casting such ballot398
435-in a secure, sealed ballot box for which the number of the seal shall be recorded and399
436-witnessed on a chain of custody document as specified by the Secretary of State and the400
437-name and signature of the person or persons having custody of such ballots shall also be401
438-documented on such form. Such form shall remain with such ballots until such ballots are402
439-destroyed in accordance with law."403
440-SECTION 6.404
441-Said chapter is further amended by revising subsection (a) of Code Section 21-2-420, relating405
442-to procedure for counting and tabulation of votes, and by adding a new subsection to read as406
443-follows:407
444-"(a) After the time for the closing of the polls and the last elector voting, the poll officials408
445-in each precinct shall complete the required accounting and related documentation for the409
446-precinct and shall advise the election superintendent of the total number of ballots cast at410
447-such precinct and the total number of provisional ballots cast. The chief manager and at411
448-least one assistant manager shall post a copy of the tabulated results for the precinct on the412 23 LC 47 2167S
449-H. B. 17 (SUB)
450-- 17 -
451-door of the precinct and then immediately deliver all required documentation and election413
452-materials to the election superintendent in sealed containers accompanied by chain of414
453-custody documentation on which are recorded and witnessed the names and signatures of415
454-each person having custody of such ballots. The Upon receipt of such ballots, the election416
455-superintendent shall verify that the containers are sealed and contain the appropriate chain417
456-of custody documentation. The election superintendent shall then ensure that such ballots418
457-are processed, counted, and tabulated as soon as possible and shall not cease such count419
458-and tabulation until all such ballots are counted and tabulated."420
459-"(c) No voted ballots shall be handled without a poll official being present and without421
460-documentation on the chain of custody documentation of who is handling such ballots and422
461-when and why such ballots are being handled. After the activity requiring the handling of423
462-ballots is completed, such ballots shall be resealed in ballot boxes or other secure424
463-containers with numbered seals, the numbers of which shall be recorded and witnessed on425
464-chain of custody documentation as specified by the Secretary of State and shall be signed426
465-by the persons having custody of such ballots. Such chain of custody documentation shall427
466-remain with the ballots until such ballots are destroyed in accordance with law."428
467-SECTION 7.429
468-This Act shall become effective upon its approval by the Governor or upon its becoming law430
469-without such approval.431
470-SECTION 8.432
471-All laws and parts of laws in conflict with this Act are repealed.433
425+by the persons having custody of such ballots. Such chain of custody documentation shall359
426+remain with the ballots until such ballots are destroyed in accordance with law."360
427+SECTION 5.361
428+This Act shall become effective upon its approval by the Governor or upon its becoming law362
429+without such approval.363
430+SECTION 6.364
431+All laws and parts of laws in conflict with this Act are repealed.365